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W. DIENGDOH
Anita Sharma – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. The petitioner has approached this Court with a petition under Section 482 Cr.P.C on an apparently technical issue, inasmuch as, it was contended that a charge sheet has been filed by the Investigating Officer (I/O) in connection with Madanrting P.S. Case No. 54 (05) of 2019 under Section 363/366(A)/370/370(A) IPC read with Section 5/5A/5B of the Immoral Traffic (Prevention) Act, 1956 and Section 17 of the POCSO Act for which cognizance has been taken by the Special POCSO Court, Shillong in Special POCSO Case No. 41 of 2021.
2. Mr. N. Syngkon, learned counsel for the petitioner has submitted that Section 17 of the POCSO Act can be resorted to only if there is a correspondent offence made out under any other sections under the POCSO Act as Section 17 is a provision for punishment for abetment of such an act and as such, abetment has to be with regard to any other offence or offences provided under the said POCSO Act. In this case, the charge sheet did not disclose any other Act, for which punishment for abetment of that offence can be meted out to the accused. In such a situation, it is submitted that the charge sheet filed has not fulfilled the provision of law and the sa
The exercise of inherent power under Section 482 Cr.P.C is warranted only in specific circumstances as outlined in the Bhajan Lal's case.
The main legal point established in the judgment is the importance of complying with mandatory provisions under the Immoral Traffic (Prevention) Act, the distinction between mandatory and directory p....
The court emphasized the need for compelling reasons of abuse of process of law or glaring injustice to invoke the inherent powers of the High Court and highlighted the need for circumspection and ca....
In exercise of power under Section 482 of Cr.P.C., Court does not examine the correctness of allegations in a complaint except in exceptionally rare cases where it is patently clear that allegations ....
The interconnectedness of accused individuals and the allowance for trying different offences committed in the course of the same transaction influenced the court's decision.
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